Pemberton Billing Sues Former Commanding Officer

Sun (Auckland), Volume IV, Issue 962, 3 May 1930, Page 20

Pemberton Billing Sues Former Commanding Officer

Extraordinary lnci-, dents, involvihg highly- j placed political and naval j personalities, alleged to | have occurred in the Great War, were related | in the Hertford Assize Court, when j Mr. Pemberton Billing brought an unsuccessful action for slander against Rear-Admiral M. F. Sueter, M.P. for Hertford. Mr. Pemberton Billing and the Admiral were rival candidates in this constituency at the General Election, and Mr. Billing accused the Admiral of slandering him on the eve of the poll. His allegation was that at three or four meetings Admiral Sueter said: “Pemberton Billing comes down here and asks you to vote for him. I was Pemberton Billing’s commanding officer during the war. I know why Pemberton Billing left the Service, and if you knew what I know vou would not vote for him.” Mr. Justice Rowlatt tried the case and Mr. Malcolm Hilbery, K.C., and Mr. Tristram Beresford appeared for the defence. Mr. Billing, who conducted his own case, began by addressing the judge, and was reminded that he had to address his remarks to the jury. With a smiling assent he made a second start. o The words alleged to have been uttered by Admiral Sueter, he submitted, were all the more significant because they were uttered at a time when it was impossible to refute them before the poll was taken. Service in Germany He submitted also that they constituted a grave slander, because Admiral Sueter was his commanding officer at the time referred to. “I became an officer in the Royal Naval Air Service in 1914,” said Mr. Billing. “I was detailed by Admiral Sueter for special services. “On two occasions while an officer I was sent to obtain information as a civilian in Germany. I was fortunate enough to obtain such information, and in consequence became somewhat confidentially associated with Admiral Sueter. “At that time the air service was in such a state as to give rise to grave anxiety among the senior com manders. They held conferences as to what could be done to bring the air service to a more efficient state, and these conferences culminated in a decision that one of the officers should resign his commission and, as a civilian, contest an election, if necessary, with a view to concentrating public attention on the state of the air services. Tendered Resignation “I saw Admiral Sueter about it and I was selected for that particular task. In December, 1915, I tendered

Unsuccessful Action for Slander Against Admiral Sueter M.P. . . . Extraordinary Incidents Alleged by Plaintiff. . .

my resignation. It was accepted the same day and a letter of congratulation was written to me by Admiral Sueter. “Within a few days a by-election took place at Mile End. which I contested as a civilian,” Mr. Pemberton Billing went on. “I drove down there m my own Service car and I was surrounded by 20 or 30 senior officers in the Naval Air Service. “ We had our first political meeting surroundeu by men in the Naval Air Service. It may be considered incorrect, hut we were enthusiastic and determined. immef ßate result of that refSfli™ 6 ,t Ctlo V’” Mr ‘ Pemberton Billing continued, was a controversy papers - aud 1 fancy that Admiral mil 7 aS , severe ly reprimanded. I lost that election, but within a week ? n 7,^ ei 7° 0k Place here in Hertford L,7t, me d ° wn Quite by myself on that occasion to contest it in support of a stronger Air Service. a Only a Policy “I had no organisation, no party only a policy and a determination 'to carry it out if possible. Everyone, when I arrived, thought K . 7■ U lii t I said was fantastic hot within four or five days a different complexion had come over the con efforts**of the

“At that moment a very significar: thing happened,” said Mr. Pemberton Billing. “Sir John Rolleston, who wi! leader of the Coalition Party, was no perturbed that he wrote to the Bn: Lord of the Admiralty a letter in which he said: I am sorry’ to trouble you so much abov. Pemberton Billing:, 1-Ut he has nndoalredly captured the imagination of the people and unless you can assist ss discredit him 1 fear he will be for his party. “This letter, received by Lord Bal four, was immediately put into a Iracover,” Mr. Pemberton Billing dcdared, “and sent to Commodor* Sueter (as he was then), my commander, with instructions to M? Won the Election “It was sent to me by a specif messenger, and I was asked whether l thought it advisable to refer to it I decided that if I could not get tot' the House of Commons with clew hands I would not go there at all I made no reference to the letter Suffice it to say that I won that elec tion. “Immediately after the result of the poll was known T drove to the Aflmiralty and called on Admiral SueterI saw him in Room 13. “As soon as I entered/* Mr. Pemberton Billing said, “he told his other visitor to leave, jumped up from hi? chair, took both my hands and danced with me round the room, saying. have got ’em! We have got ’em! we shall get a better air service."’ Mr. Billing said he described this cident so that the jury might understand the relations that then between Admiral Sueter and bimset** and to show that the Admiral knew the conditions under which he had left \he Service. Because the same words had heeu repeated at three or four nieetinp Mr. Pemberton Billing submitted to* in all possibility they had been ***;' ten down and rehearsed, showing t®ithey were Dot uttered in the heatmn* excitement of an election cainpAiSll- - held the statements signed * a hundred witnesses, but manj these had explained that it Mroul “ fW unfortunate if they were called ®P; to appear in the box, and •* refrained from calling them on account. Replying to a question by the j®■V regarding the damages he had su ~ e hi - Mr. Pemberton Billing mentioned tn _ he had spent £7 in the hire of h for meetings at which he could Pj* liely contradict the statements at buted to defendant. . Such expenditure, said the 3“-®/ could not in law be regarded as a ages. “You cannot support the & - unless you can prove what we special damages/* fof Mr. Pemberton Billing: The un . lunate state of the law. then. that before one can defend one s “,jj our one must prove the loss of a * ing! x Judgment, with costs, was er * for Admiral Sueter. without his co** sel addressing the jury.